MD Wasim @ Rajesh and Another Vs the State of West Bengal — Calcutta HC (2025) — LawSathi Research

MD Wasim @ Rajesh and Another Vs the State of West Bengal — Calcutta HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Delay condoned and revision admitted; application disposed of with liberty to the petitioner to surrender before the court below within two weeks, the court below to deal with the surrender prayer in accordance with law; warrant of arrest dated 5.6.2025 against Md. Wasim @ Rajesh stayed for two weeks or till surrender, whichever is earlier.

Issue for consideration

Whether the warrant of arrest issued against petitioner no. 1, Md. Wasim @ Rajesh, on 5.6.2025, where notice had returned unserved and no non-execution report in its proper form was received, is sustainable in the eye of law.

Court's answer

CRR 4747 of 2025 is disposed of with liberty to the petitioner to surrender before the court below within two weeks, and the court below is to dispose of his prayer in accordance with law without being influenced by any observations made herein.

Ratio / Principle

Delay in filing the application is condoned; CRAN 1 of 2025 is disposed of and the revisional application CRR 4747 of 2025 is admitted.

Key takeaways

The impugned order of issuance of warrant of arrest against Md. Wasim @ Rajesh dated 5.6.2025 is stayed for a period of two weeks or till the petitioner surrenders before the court below, whichever is earlier.ratio¶19

Detailed headnote1 paragraphs

Criminal Revision (CRR 4747 of 2025, decided 9.12.2025, Dr. Ajoy Kumar Mukherjee, J.): Petitioners, including Md. Wasim @ Rajesh, challenged warrants of arrest issued on 12.3.2025 and 5.6.2025 by the court below in a case arising from an alleged chopper/fire-arm assault of 12.7.2019, wherein the charge-sheet was filed on 23.1.2024 but no step was taken due to mis-communication. Counsel contended that petitioner no. 2 had already been arrested (making his limb infructuous) and that the warrant against petitioner no. 1 issued without a non-execution report in proper form was unsustainable. The court condoned the filing delay (CRAN 1 of 2025), admitted the revision, and disposed of it by granting liberty to the petitioner to surrender within two weeks, staying the warrant of arrest dated 5.6.2025 for two weeks or until surrender, whichever is earlier, and directing the court below to decide the surrender prayer according to law without being influenced by its observations. No statute or precedent was cited; the sustainability of the warrant itself was not adjudicated.

9.12.2025 22 SB

CRR 4747 of 2025 With CRAN 1 of 2025

Md. Wasim @ Rajesh & Anr. Vs.

The State of West Bengal

Mr. Sourav Mondal

Mr. Subhajit Chowdhury Mr. Archan Dutta Mr. Arijit Bhuiya

Mr. Rony Mondal …for the Petitioners

Mr. Suman De …for the State

Re: CRAN 1 of 2025

Having heard learned counsel for the petitioners, the delay in filing the application is hereby condoned.

CRAN 1 of 2025 is accordingly disposed of and the revisional application being CRR 4747 of 2025 is admitted.

Re: CRR 4747 of 2025

Mr. Suman De, learned counsel who usually appears before this court on behalf of the State, is hereby appointed to represent the State. The concerned authority is directed to regularize his appointment. The petitioners handed over a copy of the application to Mr. De.

This is an application wherein the petitioners are aggrieved by the impugned order dated 12.3.2025 and 5.6.2025. The petitioners’ contention is that the defactocomplainant made an allegation before the concerned police

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station that on 12.7.2019 out of previous grudge, the accused persons attacked and assaulted the defacto-complainant and others with chopper and fire arms as a result, they sustained injury. The charge-sheet has been submitted on 23.1.2024 but due to mis-communication, no step was taken, hence warrant of arrest was issued on 12.3.2025 and 5.6.2025.

Being aggrieved by the said order, learned counsel for the petitioner drawn my attention that the petitioner no. 2 has already been arrested and as such, the instant application in connection with the petitioner no. 2 has become infructuous. However, so far as the petitioner no. 1 is concerned, it reflects from the impugned order dated 5.6.2025 that notice returned unserved in respect of accused no. 8, Md. Wasim @ Rajesh and the court below without receiving any non-execution report in its proper form, has issued warrant of arrest against the petitioners which is not sustainable in the eye of law.

Having heard learned counsel for the petitioners and learned counsel representing the State, the instant application being CRR 4747 of 2025 is hereby disposed of giving liberty to the petitioner to surrender before the court below within a period of two weeks and in the event, such surrender by the petitioner, the court below will dispose of his prayer in accordance with law without being influenced by any observations made herein.

The impugned order of issuance of warrant of arrest against the present petitioner namely, Md. Wasim @ Rajesh dated 5.6.2025 is hereby stayed for a period of two weeks or till

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the petitioner surrenders before the court below, whichever is earlier.

Urgent Photostat certified copy of this order, duly applied for, be given to the parties upon compliance of all requisite formalities.

(Dr. Ajoy Kumar Mukherjee, J.)